Firthous Afrin v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA H.C.P.(MD) No.1368 of 2024 Firthous Afrin ... Petitioner / Mother of the Detenue Vs.
1.The Superintendent of Police, 2.The Inspector of Police, All Women Police Station, Thiruvadanai, 3.Mohamed Yasar 4.Hibathulla The President, Therku Theru Jamath, Thondi, 5.Ayub Khan Office Bearer Theruku Theru Jamath, Thondi, Ramanthapuram District.
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6.Kajah Office Bearer, Therku Theru Jamath, Thondi, ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents 1 & 2 to produce a person or body of the petitioner's children namely the detenue by name Alaquib S/o.Mohamed Yasar (Minor Male Child aged 6 years) and Amal D/o.Mohamed Yasar (Female Child aged 3 years) before this Court and hand over their custody of the petitioner.
For Petitioner : Mr.R.Anand For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor for R1&R2 : Mr.M.Mohamed Nihal for M/s.Ajmal Associates for R3
O R D E R
Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for R1 & R2 and the learned counsel for R3.
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2. The third respondent is none other than the husband of the petitioner. This Habeas Corpus Petition has been filed seeking custody of the minor children who are with the third respondent.
3. We are clearly of the view that this issue regarding custody will have to be resolved only before the jurisdictional civil Court / Family Court. This petition is not maintainable. This Habeas Corpus Petition is dismissed.
(G.R.S., J.) (R.P., J.) 06.11.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi To 1.The Superintendent of Police, 2.The Inspector of Police, All Women Police Station, Thiruvadanai, 3.The Additional Public Prosecutor, 3/4
Madurai Bench of Madras High Court, Madurai.
G.R.SWAMINATHAN, J.
AND R.POORNIMA, J.
rmi ORDER MADE IN H.C.P.(MD) No.1368 of 2024 06.11.2024 4/4